Written by; Srijan Raj
The Madras High Court has redefined the meaning of the phrase “subject to condition” in Section 23(1) of the Maintenance and Welfare of Parents and Older People Act, 2007, according to Justice SM Subramaniam.
The court ruled that
The wording “subject to the condition that the transferee should supply the minimum amenities” does not imply that the Gift or Settlement Deed should explicitly include such restrictions.
The court also emphasised that the word “deemed to have been made by fraud, coercion, or undue persuasion” must be understood holistically and also established that “Love and Affection” should be regarded as an implied requirement when senior citizens transfer their property, serving as both the consideration for signing the Gift or Settlement Deed and an important factor for determining the legality of such transfers.
The court’s conclusion differs from the Supreme Court’s prior interpretation of Section 23 of the Act in Sudesh Chhikara v. Ramti Devi.